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2015-160
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Last modified
3/30/2017 4:36:25 PM
Creation date
9/11/2015 11:06:20 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/18/2015
Control Number
2015-160
Agenda Item Number
8.MM
Entity Name
CO Services.
Subject
Remove fill from Indian River Aquatic Preserve
Area
Head Island Green Salt Marsh Conservation Area
Bid Number
2015048
Alternate Name
Indian River Lagoon
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10. FDEP Permit <br />11. USACE Permit <br />ARTICLE 9 - MISCELLANEOUS <br />9.01 Terms <br />A. Terms used iri this Agreement will have the meanings indicated in the Invitation to Bid. <br />9.02 Assignment ofContract <br />A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on <br />another party hereto without the written consent of the party sought to be bound; and, specifically <br />but without limitation, moneys that may become due and moneys that are due may not be assigned <br />without such consent (except to the extent that the effect of this restriction may be limited by law), <br />and unless specifically stated to the contrary in any written consent to an assignment, no assignment <br />will release or discharge the assignor from any duty or responsibility under the Contract Documents. <br />9.03 Successors and Assigns <br />A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal <br />representatives to the other party hereto, its partners, successors, assigns, and legal representatives <br />in respect to all covenants, agreements, and obligations contained in the Contract Documents. <br />9.04 Severability <br />A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law <br />or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and <br />binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed <br />to replace such stricken provision or part thereof with a valid and enforceable provision that comes <br />as close as possible to expressing the intention of the stricken provision. <br />9.05 Venue <br />A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought <br />by either party against the other party or otherwise arising out of this Contract shall be in Indian <br />River CountyFlorida, or, in the event of a federal jurisdiction, in the United States District Court for <br />the Southern District of Florida. <br />9.06 Public Records Compliance <br />A. lndian River County is a public agency subject to Chapter 119, Florida Statutes.The Contractor shall <br />comply with Floridas Public Records Law. Specifically, the Contractor shall: <br />(1) Keep and maintain public records that ordinarily and necessarily would be required by the <br />County in order to perform the service. <br />Page 4 of 6 <br />
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